In speeches and interviews, Juncker has always claimed that Luxembourg has in no way enriched itself "at the expense of its neighboring countries," and especially not by encouraging tax avoidance. In everyday political life, however, Juncker's people fought for precisely the kinds of corporate advantages their boss used such rich language to denounce. In order to attract as much corporate money as possible into the country, his officials played around with tax models like "hybrid financial instruments" and, especially, so-called "patent boxes." Introduced in order to spur technological advancement, finance policy experts in Belgium, the Netherlands and Luxembourg led the pack in transforming tax advantages into an instrument allowing corporations to steer proceeds from patents or licenses to their Benelux subsidiaries in order to pay lower taxes there. Under the system, national subsidiaries of large corporations in countries with higher corporate tax rates would pay large patent and licensing fees to subsidiaries in lower tax countries. The system ensured that money got pumped into the government coffers of the Benelux countries, but it also put other EU countries at a disadvantage, in addition to the majority of small- and middle-sized businesses for whom such preferential treatment wouldn't even be considered. Representatives of the other EU member states knew very well what was going on. The German representative in the Working Group on Tax Questions, for example, filed a cable to Berlin in March 2013 in which he noted there had been repeated "doubts about the harmlessness" of a few of the tax models, "mostly having to do with the license box rules of LUX and NDL," the abbreviations being references to Luxembourg and the Netherlands. But nothing was done about it for years. Each time the Working Group on Tax Questions proposed changes, Luxembourg, Belgium and the Netherlands warded them off successfully. It's no wonder, either, given that representatives of the Benelux countries regularly coordinated their decisions in advance at their own meetings... It's not just European Commission President Juncker whose past as the leader of the tax-haven Luxembourg is catching up to him. Another important man at the top of an EU institution also now has some uncomfortable questions to answer: Dutch Finance Minister Jeroen Dijsselbloem. Even after ascending to his current position as head of the Euro Group, his country continued to block every call for change. Sven Giegold, 45, has spent years trying to shed light on the darkness of EU corporate taxation arrangements. A member of the European Parliament with the Green Party, he's used to resistance. But what he experienced when he requested access to meeting transcripts from the secretive tax groups was an altogether new experience. First, the European Council stonewalled and then the European Commission delivered documents in which important sections had been redacted. Despite all the blacked out passages, Giegold was forbidden from bringing his mobile phone into the room in one of the Commission's buildings in Brussels where he was allowed to view a few of the documents. Officials allowed him to take notes using a pencil and paper, but they didn't let him take his notes with him when he left the building. The documents seen by SPIEGEL reveal that what EU agencies have long been denying, is in fact mass-scale cheating with the help of the tax law. Internal EU documents show how companies took advantage of patent boxes to simply sign their licenses, copyrights, patents or marketing rights over to their subsidiaries in Luxembourg or The Hague, allowing them to cash in on sweetheart corporate tax deals in those countries. It didn't matter whether the research had actually taken place in those nations, either.
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